What’s the difference between “jail” and “prison”?

You were arrested for a crime and heard that it is punishable by custody in county jail. Is jail the same as prison?

If not, what’s the difference?

State prisons are operated by state governments and usually house inmates for over a year (and sometimes as long as “life”). Jails, by contrast, are typically operated by local government entities and house inmates for shorter sentences, usually up to one year.

The main differences between jail and prison are set forth in the table below.

Trait or Feature	Jail	Prison
Operated by	Local government agencies	Federal or state governments
Length of stay	Usually up to one year	Usually more than one year (and as long as life)
Size	Smaller than prisons	Larger than jails
Nature of offenders	Less violent and dangerous offenders (typically misdemeanor offenders)	More violent and dangerous offenders (typically felony offenders)
Availability of Rehabilitation programs	Yes	Yes
Post-release supervision	Usually probation	Usually parole

1. What is jail?

A jail is essentially a building used to confine someone charged or convicted of a crime.¹

It is most often used to confine people who:

• were arrested for a crime and are waiting to bail out,
• were convicted of a misdemeanor, or
• are awaiting trial.²

Jails are generally smaller than prisons and are typically run and operated by either:

• local government agencies (for example, counties or cities), or
• a local law enforcement agency.

In comparison to prison sentences, jail sentences are typically:

• shorter (usually up to one year), and
• they are for less serious crimes (most often for misdemeanors as opposed to felonies).³

Note that since jails house inmates for a relatively short amount of time, they are usually less developed and not as comfortable as prisons.

Note, too, that a jail may offer any of the following programs:

• boot camp,
• a work release program, or
• a substance abuse or vocational program.

Once you complete a jail term, you may be subject to probation as a form of post-release supervision.

2. What is prison?

As with a jail, a state prison is a building used to confine people convicted of a criminal offense.⁴ A prison is often referred to as a “penitentiary.”

Prisons are generally larger than jails and are operated by state governments.

While jails usually house inmates convicted of misdemeanors, prisons often house people convicted of felony offenses.⁵

Prison sentences are generally longer than jail sentences and can range from just over a year to life.

Since prisons house inmates for an extended amount of time, they are usually more developed and comfortable than jails. Longer sentences also mean that prisons may offer a variety of different educational programs (for example, GED preparation courses).

Many prisons will have various levels of security, like:

• minimum security,
• medium security, and
• maximum security.

The general rule is that the more severe the crime you commit, the higher the security level that you will be placed in.

If you are put in either minimum or medium security, then you will likely enter one of the following near the end of your time in the prison system:

• a halfway house,
• a work release program, and/or
• parole.

3. Is there a difference between state prison and federal prison?

Yes. The main difference between a federal and state prison involves the entity that runs and operates the prison.

Federal prison is operated by the federal government (usually the Federal Bureau of Prisons (BOP)). In contrast, a state prison is operated by the state government.

In addition, federal prisons house people convicted of a crime under federal law. Jails, on the other hand, house people convicted of a crime under state law.

Detainees in federal prisons are usually less violent and dangerous than those in state prisons.

4. What are your rights if in jail or prison?

If you are placed in either jail or prison, you are still protected by a host of legal rights. Some of these include the right to:

• not suffer cruel and unusual punishment,
• due process of the law,
• appeals,
• file a civil suit against another person,
• practice religion freely,
• equal protection under the Fourteenth Amendment,
• medical treatment (both long and short term),
• possess certain personal property (like cigarettes and stationery),
• visitation and make phone calls,
• bathe.⁶

5. Can you get probation in lieu of jail or prison time?

Sometimes, yes. In certain cases, a judge may decide to award you with probation instead of imposing a jail or prison sentence.

Whether or not a judge grants you probation will largely depend on:

• the facts of your case,
• the severity of the crime you committed,
• your criminal record, and
• the state law of the state you are convicted in.

Note that you can receive misdemeanor (or summary) probation if you are convicted of a misdemeanor. In contrast, a judge may award you with felony (or formal) probation if you are convicted of a felony.

In some cases, you may be placed on probation and avoid serving any jail or prison time. In other cases, though, you may be placed on probation only after serving some time in confinement.

6. Should you consult with a criminal defense attorney?

Yes. If you are facing a crime that may result in either jail or prison time, you should seek the legal advice of a defense lawyer or law firm.

A criminal defense attorney can help by:

• getting you released from jail following an arrest (for example, by helping you post bail),
• minimizing the total amount of time you have to spend in custody,
• getting you placed in a minimum-security prison,
• filing an appeal once in custody,
• reducing the nature of a charge so you face jail time as opposed to prison time, and
• ensuring your rights are protected while in custody.

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